Social Security Rights of the LGBTQIA+ Community at the INSS

This page is a translation of the original Portuguese text, provided for convenience. It deals with Brazilian law. If there is any discrepancy, the Portuguese version prevails. Read the original in Portuguese

Brazil’s Social Security system recognizes the rights of the LGBTQIA+ community without distinction based on gender or sexual orientation, applying the same criteria and requiring the same documentation as it does for any insured person in benefits such as maternity pay and survivor’s pension.

Brazilian Social Security guarantees LGBTQIA+ people the same social security rights it guarantees everyone else, with no distinction based on gender or sexual orientation. In practice, the INSS (Brazil’s National Social Security Institute) applies identical criteria and requires the same documentation it asks of cisgender and heterosexual people.

This equal treatment applies both to applying for benefits and to keeping them. You can submit a request through the website, through the Meu INSS (the INSS’s online platform and mobile app), or by calling the Central de Atendimento (the INSS’s service hotline) at 135. No special form or additional proof is required because of the insured person’s identity.

Maternity Pay for Same-Sex Couples

Maternity pay (salário-maternidade) is granted to insured people who have a child by birth or adoption, and that includes same-sex couples. The benefit is also available when a court grants guardianship for the purpose of adoption, which covers different ways of forming a family.

The benefit lasts 120 days. That period counts as contribution time and preserves your status as an insured person, which can help you qualify for other social security rights in the future. It is meaningful financial support during the early stage of caring for a child.

When both people in the couple are insured under Social Security, only one of them receives maternity pay. To qualify, the insured person’s name must appear on the child’s birth certificate or on the guardianship order for adoption issued by the court.

The INSS requires exactly the same documentation from LGBTQIA+ people that it requires from couples made up of a man and a woman.

This documentary equivalence is the key to understanding how the benefits work: what matters is proof of the relationship and of the legal requirements, not the makeup of the couple.

Survivor’s Pension in Same-Sex Relationships

The survivor’s pension (pensão por morte) is another social security right guaranteed to the LGBTQIA+ community. An insured person can leave a survivor’s pension to a spouse or partner, whether a man or a woman, under the same conditions that apply to any relationship.

The documentation required from people in same-sex relationships is identical to what is required from couples made up of a man and a woman. The main document is the insured person’s death certificate. If the couple was married, you must also submit the marriage certificate.

In cases of stable union (união estável, a recognized domestic partnership similar to a common-law marriage), you must present at least two pieces of evidence of the relationship, and at least one of them must date from no more than two years before the death. Documents such as a joint bank account, a declaration naming the partner as a dependent, proof of a shared address, and insurance policies are commonly used to prove the relationship.

How Long the Survivor’s Pension Lasts

How long the survivor’s pension is paid depends on a few factors. For the benefit to be paid over a longer period, and potentially for life, the insured person must have made at least 18 social security contributions before death, and the relationship must have lasted more than two years up to the date of death.

If the relationship lasted less than two years, or if the 18 contributions were not reached, the pension is paid for only four months. That is why keeping contributions up to date and organizing proof of the relationship is important to secure the best possible protection for dependents.

If you want to learn more about other benefits and deadlines, you can read related content, such as our analysis of maternity pay and how the INSS handles these requests. Gathering the right documentation from the start reduces the risk of additional requests from the agency and of delays in approval.

Frequently Asked Questions

Are same-sex couples entitled to maternity pay?

Yes. Maternity pay is granted in cases of birth, adoption, or court-ordered guardianship for the purpose of adoption, including for same-sex couples. The benefit lasts 120 days, counts as contribution time, and preserves your status as an insured person. When both people in the couple are insured, only one of them receives the payment.

What documentation is required for a survivor’s pension in a same-sex union?

The documentation is the same as for couples made up of a man and a woman. The main document is the death certificate and, if the couple was married, the marriage certificate. In a stable union, you need at least two pieces of evidence of the relationship, with at least one dating from no more than two years before the death.

How long is the survivor’s pension paid?

The duration depends on the number of contributions and the length of the relationship. For a longer duration, which may be for life, at least 18 contributions before death and more than two years of relationship up to the date of death are required. If these requirements are not met, the pension is paid for only four months.

As informações deste artigo são de caráter informativo e não substituem consulta jurídica individualizada. Cada caso possui particularidades que exigem análise específica.